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McGINLEY v. FRANKLIN SPORTS, INC.

No. 98-2225-JWL.

45 F.Supp.2d 1141 (1999)

Michael L. McGINLEY, Plaintiff, v. FRANKLIN SPORTS, INC., Defendant.

United States District Court, D. Kansas.

February 18, 1999.

Attorney(s) appearing for the Case

Karen D. Renwick, Kip D. Richards, Walters, Bender & Strohbehn, Kansas City, MO, for Michael L McGinley, plaintiff.

Joseph B. Bowman, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Franklin Sports Inc, defendant.

Joseph B. Bowman, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Franklin Sports Inc, counter-claimant.

Karen D. Renwick, Kip D. Richards, Walters, Bender & Strohbehn, Kansas City, MO, for Michael L McGinley, counter-defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiff Michael L. McGinley alleges that baseballs sold in the United States by defendant Franklin Sports, Inc. ("Franklin") infringe certain claims of United States Patent 5,407,193 ("'193 patent"), which issued to the plaintiff on April 18, 1995. The matter is now before the court on the plaintiff's request pursuant to Markman v. Westview Instruments, Inc., 52 F.3d 967

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